New York Court of Appeals
Dorothy Rehill v. Lee M. Rehill
December 3, 1953306 N.Y. 126
Summary
The New York Court of Appeals reversed the Appellate Division, granting the plaintiff’s motion for summary judgment and remanding for determination of arrears, while holding that the trial court erred in allowing the defendant to amend his answer to seek reformation of the separation agreement. Justice Froessel, in a concurring opinion, noted a triable issue regarding the alleged $100 monthly settlement but concurred in the result because the issue was not pleaded as a partial defense.